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Az ítélkezési szabály, mint az eljárásjogok létezését megalapozó kategória Hart szabály-elméletében
Views:50Without abstract.
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A mezőgazdasági őstermelők speciális jövedelemadózási és társadalombiztosítási kötelezettségei
Views:36Without abstract.
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Az egészségügyi ellátás során bekövetkező károkért való felelősség alapvető jellemzői Franciaországban
53-58Views:71Without abstract
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Az orvostudomány elméleti, gyakorlati eredményei és a büntetőjog kapcsolata
1-8Views:97In the 19th Century the results of the natural sciences – physics, chemistry –, the technical
achievements incorporated in the medical science, and made the medical science an intensive
progress. This article presents the scientific results, which have the largest relevance regard
the criminal law and which have a significant impact on the science of criminal law and its
affiliates.
The advance of medical science results the appearance on the one part the expansion of the
medical knowledge and medical tasks, on the other hand new offenses and new types of
evidence. The practical application of the results of medical research into the criminal
procedure (blood tests, DNA test, etc.) allows primary the faster detection in the investigative
stage of criminal proceedings, and the making of more reasonable judgments. On the territory
of psychiatry are very important the results of research of the state of consciousness, that
influence the offenders culpableness, because they give an answer to the question, in what
consciousness was the offender at the time of the crime.
This article submitted the most important correspondences of the medical science and
criminal law, and it is established, that the results of the medical science support the further
development of the criminal law and its affiliates. -
The divided trial system of the New Code of Civil Procedure in the light of the Act I of 1911
88-96Views:82n my paper, I dealt with the divided trial system, because in the Conception of the New Code of Civil Procedure arised the idea, that the first-instance procedure will be regulated by the divided trial system. During my studies, I researched the trial system of the Act I of 1911, and I analyzed the sentencing practice in this era.
First, I presented the matter of the trial system, as well as the two dominant trends in Hungary relating to the creation of civil action. The difference between the two trends, that distinct mesne process creates the civil action. According to one of them, the civil action is created when the defendant gets the statement of claim, or, on the other hand, when the defendant submits countermotion.
In the next chapter, I intended to present the point of intersection of action, which legal institution separates the first-instance procedure to pre-trial hearing and the trial on the merits.
After this chapter, I reportedtheresults of sentencing practice and cametotwoconclusions. Ontheonehand, thepre-trialhearinghangedfirefor a longtimebecause of theappealproceedings. Ontheotherhand, thesentencing practice wasnotconsistent, becausethecourtsused an incorrectterminology. Thecourtsdismissedtheproceedingsbeforethesubmission ofcountermotion, butaccordingtotheAct of 1911 themesneprocess of creating a civil actionwastosubmit a countermotion.
Inconclusion, I thinkthe divided trial system of the New Code of Civil Procedure will be totally different than the divided trial system of the Act of 1911.
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Expropriation in the new Hungarian civil law codex
Views:115The expropriation is a neglected legal institution in the Hungarian law, especially in the civil law. Although the expropriation usually appears in the civil law codes of the European states, it is ambiguous of the aspect of the civil law. However, it cannot be ignored that the civil law aspects of the expropriation are very important.In the civil law literature the expropriation is discussed either as the original way of acquisition of property or as the limit of the public property relations.My lecture is about the theoretical problems of the expropriation in the system of civil law. This article will provide an overview of doctrinal opinions about expropriation law in the delayed codification and in the new Hungarian civil law codex.
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Simplification of civil procedures in the European Union, the regulation of small claims procedures in particular
Views:33Introduced to reduce obstacles to the free movement of goods and persons, judicial cooperation in civil matters has become part and parcel of the new European area of justice. Creation of this area is meant to simplify the existing legal environment and to reinforce citizens' feeling of being part of a common entity. The Conclusions of the Tampere European Council state in this respect that “in a genuine European Area of Justice individuals and businesses should not be prevented or discouraged from exercising their rights by the incompatibility or complexity of legal or administrative systems in the Member States.”
At present, the judicial cooperation in civil procedures is based on the Hague Programme, adopted by the 2004 Europen Council in Bruxelles.The Hague Programme requires that the Commission should translate the Hague objectives into concrete measures. To this end, the Annex to the Communication from the Commission to the Council and the. European Parliament on the Hague Programme, consists of an Action Plan listing the main actions and measures to be taken over the next five years, including a specific set of deadlines for their presentation to the Council and the European Parliament.
The chapter dealing with this area is named „Strengthening justice”, and it includes amongst others the following tasks:
- Specific Programme on Judicial Cooperation in Civil and Commercial Matters (2007)
- Support by the Union to networks of judicial organisations and institutions (continuous)
- Creating a „European Judicial culture”
- Evaluation of quality of justice (Communication - 2006)
- Creation, from the existing structures, of an effective European training network for judicial authorities for both civil and criminal matters (2007)
The European Union has set itself the objective of maintaining and developing the European Union as an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market.
The Community has among other measures already adopted Council Regulation (EC) No 1348/2000 of 29 May 2000, on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters; Council Decision 2001/470/EC of 28 May 2001, establishing a European Judicial Network in civil and commercial matters; Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004, creating a European Enforcement Order for uncontested claims; Council Directive 2002/8/EC, of 27 January 2003, to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes; Council Regulation (EC) 2201/2003, of 27 November 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) 1347/2000; Regulation (EC) No 805/2004, of the European Parliament and of the Council of 21 April 2004, creating a European Enforcement Order for uncontested claims; Proposal for a regulation of the European Parliament and of the Council creating a European order for payment procedure; Proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure.
The disproportionate cost of litigation for small claims has led many Member States to provide simplified procedures for claims of small value which are intended to provide access to justice at a lower cost, thus influencing one of the three factors that determine the rationales in dispute resolution. The details of these procedures have been investigated and documented in detail in studies prepared for the Commission. The evidence from these reports suggests that the costs and timescale associated with the domestic simplified measures, and thus their use and utility to claimants, varies widely. A 1995 study for the Commission found evidence of how costs of cross-border claims were significant compared to the size of most potential claims, and that these costs varied substantially between Member States. The total costs of pursuing a cross-border claim with a value of € 2.000 was found to vary, depending on the combination of Member States, from € 980 to € 6.600, with an average quoted figure of € 2.489 for a proceeding at the plaintiff’s residence. The study also showed that due to different and conflicting costing rules part of the costs have to be paid even by successful plaintiffs.
On 20 December 2002, the Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation. The Green Paper launched a consultation on measures concerning the simplification and the speeding up of small claims litigation.
The European Small Claims Procedure is meant to simplify and speed up litigation concerning small claims, whilst reducing costs, by offering an optional tool in addition to the possibilities existing under the laws of the Member States. This Regulation should also make it simpler to obtain the recognition and enforcement of a judgment given in a European Small Claims Procedure in another Member State, including judgements which were initially of a purely domestic nature. In order to facilitate the introduction of the procedure, the claimant should commence the European Small Claims Procedure by completing a claim form and lodging it at the competent court or tribunal. In order to reduce costs and delays, documents should be served on the parties by registered letter with acknowledgment of receipt, or by any simpler means such as simple letter, fax or email. The procedure should be a written procedure, unless an oral hearing is considered necessary by the court. The parties should not be obliged to be represented by a lawyer. The court should be given the possibility to hold a hearing through an audio, video or email conference. It should also be given the possibility to determine the means of proof and the extent of the taking of evidence according to its discretion and admit the taking of evidence through telephone, written statements of witnesses, and audio, video or email conferences. The court should respect the principle of an adversarial process. In order to speed up the resolution of disputes, the judgment should be rendered within six months following the registration of the claim. In order to speed up the recovery of small claims, the judgment should be immediately enforceable notwithstanding any possible appeal and without the condition of the provision of a security. In order to reduce costs, when the unsuccessful party is a natural person and is not represented by a lawyer or another legal professional, he should not be obliged to reimburse the fees of a lawyer or another legal professional of the other party. In order to facilitate recognition and enforcement, a judgment given in a Member State in a European Small Claims Procedure should be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. Since the objectives of the action to be taken namely the establishment of a procedure to simplify and speed up litigation concerning small claims, and reduce costs, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article this Regulation does not go beyond what is necessary to achieve those objectives.
The European Council underlines the need further to enhance work on the creation of a Europe for citizens and the essential role that the setting up of a European Area for Justice will play in thisrespect. A number of measures have already been carried out. Further efforts should be made to facilitate access to justice and judicial cooperation as well as the full employment of mutual recognition. It is of particular importance that borders between countries in Europe no longer constitute an obstacle to the settlement of civil law matters or to the bringing of court proceedings and the enforcement of decisions in civil matters.
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Patent Law Contract and its effects in Hungarian Law
Views:43Significant changes have happened on the field of intellectual property law in the last few years. The emphasis placed on the material relations and economy became stronger. These changes caused that creations of the man came into the limelight. Of course the legal background became also very important.
We can feel the re-regulation of this legal field. Legal institutions became regulated in new Acts to be adjusted modified circumstances. There were several causes of the necessity of these changes. First of all, the new economic and social environment after the change of the regime claimed to modify the legal materials. On the other hand the international environment changed rapidly and it is still in progress. So the Republic of Hungary had to face with the obligations that are stated in international treaties and we had to put a strong emphasis on our member status in the European Union: EU regulations and directives. By now we can tell that re-codifying this area is over, we can only expect to small modification in the near future.
Modifications in most of the cases prepared for the future. But it does not mean that we can count on a very crystallized legal material. In the dynamically developing world of IP law it is not rare to use smaller modifications. We have to examine the legal practice too, that helps us finding the correct way in the fast changing economical and social relations. Performing the harmonization duty, legislator could not always take into consideration the national significances, legal practice. The lack of examining these circumstances can cause modifications in the legal material.
The Patent Law Treaty adopted at Geneva on June 1st, 2000. The provisions of the Treaty and the Regulations shall apply to national and regional applications for patents for invention and for invention and for patents of addition, which are filed with or for the Office of a Contracting Party. The Patent Law Treaty became applicable on April 28th, 2005.
Hungary joined the Treaty at the beginning, because of the need in 2008 to change the Hungarian patent law. The Treaty suggests the European Patent Convention, however in many ways it is the complementary. The Treaty gives types of applications permitted to be filed as international applications under the Patent Cooperation Treaty, divisional applications of the types of applications referred to in item.
Earlier the rules of Hungarian patent law were complicated, the process of registry was less favorable for the patentee. The harmonization of process rules effects that the patentee cannot lose his patent rights. The new rules introduce an electronic process in patent law, which makes the process easier, cheaper, and faster. But not all the procedures became electronic: only the lodgment of petition. In the future that should be better to reach electronic procedure on every level.
The harmonization of patent rules means liberalization, the notification will be easier and faster, which effected growth in the trust of business. Process rules need more harmonization in the future, and hopefully the final goal will be one global process at in all member states of the European Union.
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A körhinta forog tovább – kiskapuk, nagy lehetőségek az EU belső piacán megvalósuló adócsalás kapcsán
26-35Views:144Without abstract.
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A fogantatás, és ami mögötte van – egyes speciális kérdések a büntetőjog szemszögéből
38-58Views:94Without abstract
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Combatting against terrorism
Views:91In the last decades of our globalized world terrorism has become a phenomenon that implies a worldwide challenge and can hardly be prevented, and that is difficult to combat against with means of national and international law. The international terrorism in the sense as we use it nowdays has a history of only one and a half centuries, but since the appearance of concrete terrorist attacks is always changing (and of course the ideology and supplier of the different groups) there has not been any consensus yet among states or within particular international organizations how to define it. But it should be taken into consideration that attacks not only affect the state where they are executed but also the whole society and even the international order. That is why it would be essential to define it in international terms, because without an exact definition the proper defence against it can not be determined either.
It has to be emphasized that it does not exist a common strategy that could be adapted any time in any case. It can not be forgotten that the terrorism itself is also an answer, so its political, economical and social roots should be taken into consideration whilst choosing the best way to prevent it. The different means (primarily legal and classical ones) should be combined and used by states in strict cooperation, because these don’t substitute but complete each other. It is also important to underline that it is not enough to react upon terrorist actions and restore its harmful effects, but it is also essential to prevent it by eliminating its causes. Unfortunately, proactive strategies are not common enough - mainly because of its costs - in spite of the fact that in the long run it would be worth using them.
It is important to act in conformity with international law, because this can legitimate the reaction after an attack. The main task for states is to elaborate an exact legal framework for it, because without global accords and without the acceptance of this policy within the nation an effective policy against terrorism cannot be realized. National criminal law should be aggravated, flow of information among intelligence services, cooperation among media and governments should be developed and it is also essential to inform the society properly and make it obvious that assistance at a terrorist attack is also to be punished. International measures should be taken in order to avoid financing of terrorist actions by preventing money-laundering. These means can be used even with certain restrictions on criminal law, but always respecting human rights either that of the victims or that of the delinquents.
To institutionalize international actions under the aegis of the United Nations numerous agreements were accepted, eg. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons (1973), Convention against Taking of Hostages (1979), Convention for the Suppression of the Financing of Terrorism (1999) and some conventions were signed on the Prevention Crimes committed in aircrafts, etc. The main problem is that these accords are not signed by all member states and hence their efficiency can be questioned. Of course not only the UN try to solve this problem with international conventions, so does the EU. Its activity has considerably increased since the attacks of Madrid, because this case made two things clear: even Europe is vulnerable and well-timed attacks can even lead to political changes.
To be able to meet the challenges that terrorism mean nowdays there are two things to emphasize: first of all a worldwide cooperation would be essential and secondly the provision of financial sources for each state so that it were able to ensure national and promote global security.
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Manifestations of Para-administration in Hungarian Public Administration
Views:76Az angol nyelven olvasható értekezés alapját a 2007. november 8-án Sninában (Szlovákiában) megrendezett Nemzetközi Konferencián tartott angol nyelvű előadásom képezi. Az írás középpontjában egy közigazgatási jogi fogalomnak, a közvetett közigazgatás jelenségének és annak egyes megnyilvánulási formáinak bemutatása áll. A paraetatizmus az ún. atipikus közigazgatás részét képezi. Lényegében egy gyüjtőkategória, mely számos megoldást foglal magában. A kérdéskör azonban ezidáig viszonylag kis figyelmet kapott a közigazgatás kutatói részéről.
Az egyszerűség és a könnyebb megértés érdekében az értekezés három nagy szerkezeti egységre tagolódik.
I.
A dolgozat elején azoknak a történelmi folyamatoknak és jellemzőknek a bemutatására kerül sor, melyek végső soron a vizsgált megoldások kialakulásához vezettek. Ennek során fokozatosan eljutunk a direkt (lényegében szűk értelemben vizsgált) közigazgatás fogalmától az indirekt közigazgatás, azaz paraetatizmus jelenségéhez. Nélkülüzhetetlen azonban annak a hangsúlyozása, hogy a közvett közigazgatás egy meglehetősen tág kategória, mely tartalmában erőteljesen heterogén. A paraetatizmus fogalmán belül vizsgált jelenségeknek nincs taxatív felsorolása. Nem is lehet, hiszen a lehetséges megoldások köre koronként és területenként is változhat, és változik is.
II.
A dolgozat második része a magyar szabályozás ismertetésével foglalkozik. Először a hatályos jogi szabályozás bemutatására kerül sor, mely egyúttal rávilágít arra az igen fontos tényre is, hogy a paraetatikus megoldások alkalmazására mind az államigazgatás területén, mind pedig az önkormányzati közigazgatás keretein belül adott a lehetőség. Ezután kerül sor a konkrét megoldások bemutatására, azaz a köztestületek, a magánszemélyek felhatalmazása köfeladatok ellátására, a közvetítő szervezetek és személyek, a magánszféra szereplőinek, valamint a non-profit szektor szerepének ismertetésére.
III.
Végezetül a harmadik gondolati egység az, amely összegző jelleggel tartalmazza állásfoglalásomat a bemutatott megoldások közigazgatásban való alkalmazhatóságával kapcsolatban. Ennek a gondolati egységnek a jelentősége abban ragadható meg, hogy rámutat arra a szerepkörre, melyet ezek a megoldások egy már létező, élő, működő közigazgatásban betölthetnek. Ezek a megoldások ugyanis a mindenkori közigazgatás kisegítésére, a már alkalmazott megoldások kiegészítésére szolgálnak és sohasem azok helyettesítésére, illetve negligálására.
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Egészség vagy munka? Az egészséges környezethez való jog megvalósulása a munkaviszonyban
43-50Views:52Without abstract.
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Money floating away in Public Health - Case study of a criminal procedure lasting for years
15-25Views:76In the financing of the Public Health System, it has a particular significance on the one hand that those obligated do pay the required taxes and levies (Health contribution) in order, and on the other, to use the already available resources only to the purpose that laws allow.
The institutes that provide public health care services maintain themselves in part or on the whole on the support of the central budget or the Health Insurance Fund. The criteria listed by Law indicate and limit on what the institutes may spend the amount of funds received, which areas should they strive to develop.
The question arises that how other charges, such as expenses related to the quality management system, can fit into this well-defined scope. In my opinion, it would be possible to avoid the giving away of unrealistically large amounts of money to semi-, or fully illegal businesses with greater circumspection, because otherwise too many sources are distracted from Health Care.
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Patient Rights in Practice
35-44Views:101Getting medical care is normally not a voluntary decision of people. It is a necessity for people in sick conditions. Most people also have concerns regarding their personality rights as patients. The essay analyzes how patient rights are treated and exercised in Hungary from a mainly practical point of view.
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The importance of the internationalisation in the higher education
Views:141The internationalisation of the Hungarian higher education has a crucial role in the overall operation of the Hungarian higher educational system. The increasing presence of the international students at the Hungarian universities can alleviate the negative impact of the demographic decrease of the secondary students’ number in the country and can help the higher educational institutions to secure their needs in order to sustain their operation – mostly in an economic way.
Several dilemmas emerge with the internationalisation of the higher education globally. One of these problems is the provision of the equal access to international higher education. If the equal access is not provided – and honestly this is the actual situation in most of the countries – than the differences in the social background of the students can have a great impact on the international education possibilities. Those students who have the possibility to study abroad can earn that much benefits during their education which is unavailable for those students who can only learn in their home countries. This tendency with respect to the cultural reproduction theory can widen the gap between the different social groups and so called social classes based on economic but not knowledge or talent differences.
One of the most important elements and prerequisites of the successful functioning of the international higher education is the effective and suitable legal background. Hungary as a member state of the European Higher Education Area and of the European Union have several benefits from its memberships because this institutional and legal background will make the diplomas issued by Hungarian universities accepted in several countries. The international comparability of the knowledge incorporated by the Hungarian diplomas can be granted by the harmonisation of the different acts and the legal systems of the member states. The Hungarian results on this field are impressive.
Based on these information we can analyse the importance of the international higher education in case of the labour market. One of the leading occupation tendencies in the 21st century is the internationalisation of the labour market. The companies are trying to employ the best workforce available on the labour market and the lack of suitable workforce pushes them to find the suitable employees abroad – or on the domestic universities and they have much more possibilities if international students are also studying there.
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Authority of the review of Self Government regulations by the Curia of Hungary with a Special Emphasis on case-law
63-74Views:54The Council of Self-Government Affairs of the Curia of Hungary, which was established in 2012, has the power to review judicial norms beside the Constitutional Court of Hungary in order to abolish the collision between them. The division between the issues of the collision is determined up on the fact whether the question is statutory or a constitutional. The specific interpretation of the Curia and its consistent, conceptual statements that have already been made, leads to the conclusion, that such an institution was created that is able to promote the autonomy of the legislation of self-governments in the right direction. This is the issue that I would like to focus in my paper the most, and to examine what are those most important and conceptual statements, which are also important from a practical perspective. I extended my observation particularly on the legal standards regulating the basic rules of coexistence, where I examined the standards in respect of the most common dilemmas from a case-lawpoint of view.
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Europäisches Verbrauchervertragsrecht: gemeinsame Fundamente
Views:198Der Verbraucherschutz korrigiert durch die rechtliche Regelung, durch Ausbau eines interdisziplinieren Rechtsinstrumentsystems versichert es Rechtsschutz für die Verbraucher in schwächerer Position. Durch rechtlichen Instrumenten wird die optimale Gleichgewichtslage wiederherstellt, demnoch werden die optimalen Verhältnisse geschafft, unter denen die Verbraucher freie Kaufsentscheidungen treffen können und nach eigenen Bedürfnissen „konsumieren” können. Die modernen Rechtsysteme haben als eigenes das ideale Leitbild des Schutzes der schwächeren Partei, diesbezüglich der Schutz vom hohen Niveau der Verbraucherinteressen kann als dritte Generation der Menschenrechte begriffen werden. Also der Verbraucherschutz wurde inzwischen die Sicherung für Lebensniveau der Europabürger und dient neulich auch als Mittel erneuerter Impulze für europäische Wirtschaft zu geben.
Ziel dieses Artikels ist zu untersuchen, ob irgendwelche Harmonisierung in Rahmen einer Rahmenrichtlinie oder Vereinheitlichung der Verbraucherrechte in Europa eigentlich verwirklich werden könnte. Vor den Feststellungen der endgültigen Konklusionen müssen wir genau anschauen ob die europäischen Verbraucherregelungen gemeinsame Wurzeln oder gemensame Instrumente verfügen. Diesmal dient es als Kerngebiet meiner Forschung.